Maintained school governing boards are "constituted" by their Instrument of Government: the legal document that sets out the number and type of governors that make up the governing board. In maintained schools this document is written in accordance with a set of regulations known as the School Governance (Constitution) Regulations.

Governing boards are free to review their constitution at any point they feel it is appropriate. It is advisable for governing boards to evaluate their effectiveness by undertaking a review of performance and a skills audit before considering reconstitution.

The number and type of directors in an academy school is determined by their articles of association.

​Departmental advicee for governing boards of maintained schools in fulfilling their obligations and duties in relation to The School Governance (Roles, Proceudres and Allowances) (England) Regulations 2013.